KATHMANDU, JAN 05 - The Supreme Court on Tuesday issued an interim order to the government to stop private sand mining companies established inside forests and protected areas from exporting sand and stone to India.

The court order comes a day after the parliamentary committee on natural resources and means directed the government to do the same in view of the possible threat of desertification of the fragile Chure-Bhawar region due to rampant export of sand and stone.

With the apex court order, the government is now under even stronger legal pressure to take immediate action to stop this lucrative activity, which thrives along the southern plains, thanks to the booming construction industry in India. The interim order is intended to stop the export of sand and stone at least from protected areas and forest zones in Nepal.

“Implementation of the apex court order practically means scrapping the policy that authorizes respective District Development Committees (DDCs) to issue sand-mining licenses,” said Narayan Devkota, the advocate who filed the litigation demanding immediate intervention two weeks ago.

Since fiscal year 1977/78, sand-mining has been continuing under the supervision of the DDCs, which, as the litigant argues, conflicts with the provision of the

Interim Constitution on use of natural resources.

Article 156 of the Interim Constitution states that any distribution and use of the country’s natural resources by any foreigner requires a bilateral agreement, which has to be approved by a two-third majority of the Legislature-Parliament. Even if the business (sale of natural resources) is of ordinary nature and does not affect the nation extensively, the Constitution states that a simple majority of members present will be required.

The litigants had argued that given the size and scale of the business, sand-mining posed a threat to the entire region and therefore was a national issue.

Government data show that over 60,000 metric tonnes of sand and stones are being exported daily from the Tarai region to India and that generates an average of Rs. 1.16 billion as tax revenue to the government annually.

According to advocates pleading on behalf of the litigants, the Indian government’s strict policy on sand-mining has pushed mining companies into Nepali territory.

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